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AN ACT TO AMEND THE LAW CONCERNING CRIMINAL OFFENSES RELATED TO POSSESSION OF SEXUALLY EXPLICIT MATERIAL THAT DEPICTS A CHILD; TO INCLUDE A COMPUTER GENERATED IMAGE THAT IS INDISTINGUISHABLE FROM THE IMAGE OF A CHILD; AND FOR OTHER PURPOSES.
In one paragraph
Arkansas Act 977 of 2025 brings AI-generated child sexual abuse material under the state's child exploitation laws. "Computer generated" means produced, adapted or modified in whole or part using artificial intelligence; "indistinguishable" means an ordinary person would conclude it shows an actual child (drawings, cartoons and paintings excluded). The pandering, possession, distribution and viewing offenses, and electronic facilitation of child sexual abuse (Class B felony), now cover such images. Law enforcement, interactive computer services and good-faith AI adversarial testing are exempt.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
AI developers and platforms get an exemption for third-party content and good-faith adversarial (red-team) testing, but producing or sharing AI-generated sexual images of children is a felony in Arkansas.
Key provisions
- Ark. Code 5-27-302 and 5-27-601: defines computer generated (produced, adapted or modified in whole or part using artificial intelligence), indistinguishable, and adversarial testing (NIST-based testing with an AI developer)
- 5-27-304: pandering or possessing sexually explicit material involving a child covers material indistinguishable from a child, including computer-generated material
- 5-27-602: distributing, possessing or viewing matter depicting sexually explicit conduct involving a child covers computer-generated and indistinguishable images
- 5-27-603 retitled electronic facilitation of child sexual abuse, covering computer-generated images used to facilitate or solicit such conduct (Class B felony)
- 5-27-609: sexually explicit digital material includes computer-generated images indistinguishable from a minor
- Exemptions for law enforcement investigations, interactive computer services (47 U.S.C. 230) for third-party content, and good-faith AI adversarial testing
Latest legislative action
Apr 22, 2025. Notification that HB1877 is now Act 977 (approved by the Governor April 22, 2025)
Topics and industries
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error